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Complicated Auto/Law question...input?


99StockGT

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Have a towing company that does impound post a 48hour notice sign that cars shall be towed if not moved. Send 2 certified letters, call towing company to chalk the tires, gone 48 hours later.

 

Also, the BMV takes the stance that you as a business are trying to get one over on someone and after all the expenses and time spent to get the title it costs more than the car is worth. Storage charges are not an acceptable means to accrue value greater than the cars value anymore.

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Man if this gets solved the way you want and get the title and sell the car I have a lot of respect for this place. This seems like a huge problem to solve to me.

 

Unfortunately this thing isn't anything exotic or exciting, we just make sure we dot all our i's and cross all our t's when it comes to stuff like this. It's easy to LOSE your reputation as a shop, far FAR harder to rebuild one.

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I agree with having it impounded. I would send a certified letter stating that they have one week to come claim the vehicle, and if they don't, give them the address where it will be when they finally decide to get it, if ever. Also, you might contact a local sheriff and see what they would advise.
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Something is not correct, you cannot get a temporary tag with a "bill of sale" . Only if the seller was a dealer, then a temporary tag would have been issued. Mechanics lien on an automobile is tricky when you are dealing with a car that your customer legally doesn't own. For all you know there may be a bank loan outstanding on the car from the original owner. If the car is worth less than $4000 you are looking af a time consuming and expensive event through legal channels that wouldn't pay out.

Finding the titled owner of the car and contacting his family to pick up the car would be the best and possibly the easiest. But as I see it you as of right now, have performed services on an automobile that your customer didn't own, so filing a lien requires that the title holder of that vehicle be contacted , and they may want it back.

Find them, contact them, and ask them what they would like to do. The way I see it is you really have only stored the car , so it's not like your out money for fixing the engine or transmission.

Edited by cdk 4219
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I agree with having it impounded. I would send a certified letter stating that they have one week to come claim the vehicle, and if they don't, give them the address where it will be when they finally decide to get it, if ever. Also, you might contact a local sheriff and see what they would advise.

 

Most private towing companies won't impound these vehicles, as they are in the same difficult position getting the titles as lucore is. Sheriff will get involved when you decide to push the car out on to industrial parkway and ignore it, other than that he will inform you that it is a civil matter outside of their authority.

 

If you decide that the car is worth the hassle, you must find the title holder, or direct family members and go from there.

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You actually CAN get a temp tag with a bill of sale while waiting for the title to be transferred or come from the bank. That's part of what the temp tag is for to give some wiggle room to handle all those possible complications. We HAVE performed work on it, though nothing massively extensive, once they got to that point they balked on the repair and that's where we find ourselves now.

 

As for towing, you are correct, that's basically just unloading the headache to someone else and that's not our style. The route it looks like this should go is attempt contact with the deceased's family to see if they can get a duplicate title issued then sign that over. Now to try and find out who THEY are. Ohio BMV forms here we go!

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Do you know where (county) the deceased seller lived?

Most counties have records online and it's possible to find the previous owners estate/executor's online in a few minutes. If not road trip to that court house.

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You actually CAN get a temp tag with a bill of sale while waiting for the title to be transferred or come from the bank. That's part of what the temp tag is for to give some wiggle room to handle all those possible complications. We HAVE performed work on it, though nothing massively extensive, once they got to that point they balked on the repair and that's where we find ourselves now.

 

As for towing, you are correct, that's basically just unloading the headache to someone else and that's not our style. The route it looks like this should go is attempt contact with the deceased's family to see if they can get a duplicate title issued then sign that over. Now to try and find out who THEY are. Ohio BMV forms here we go!

 

For the record, the car we "unloaded" was a car that spent 3 years on the lot and the woman who owned it had multiple certified letters returned with no delivery, contacted her place of employment and was told she quit and disappeared and had no way to contact her, phone numbers no good, etc. It got to the point that the money/time (which is worth money) spent trying to go through the BMV would have exceeded the value of the car out of our pocket and at that point "our style" becomes hundreds of dollars lost for someone who abandoned a car.

 

Your case is different because it happened recently, I think you are on the right track. If you have the owners name, couldn't you just contact the body that is handling the estate possibly via an obituary and explain the situation? Especially since the car is titled in the deceased name?

 

Remember, the people in impound are in the business of possessing abandoned, stricken, mis-parked, etc. cars. If there wasn't profit for them somewhere, they wouldn't be in the business of handling "problematic" cars.

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Well here we go with the processing documents and requesting information from the state, we'll see how THIS goes. I'm sure this won't be a quick or simple process. Attempting to get the info for the holder of the estate, so have a drink sit back and relax and we'll keep the updates/thoughts coming.

 

On another note, does anyone happen to have a Carfax account that can run a VIN for me real quick to see if there's any useful information there? If so please PM me. Figure might as well use every tool at my disposal.

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I didn't realize you could get a temp tag with a private sale and not having the title in your name.

 

 

"Remember, the people in impound are in the business of possessing abandoned, stricken, mis-parked, etc. cars. If there wasn't profit for them somewhere, they wouldn't be in the business of handling "problematic" cars."

 

 

It is very difficult and costly for owing companies to get these titles now. The towing companies are hoping you pick up the car and pay the tow and impound fee. Towing low dollar or damaged (or both) cars is not profitable at all. Ten years ago getting these titles was easy and cheap, not so much now.

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It is very difficult and costly for owing companies to get these titles now. The towing companies are hoping you pick up the car and pay the tow and impound fee. Towing low dollar or damaged (or both) cars is not profitable at all. Ten years ago getting these titles was easy and cheap, not so much now.

 

With that being said, let's just ask the obvious question here then. Why agree to take the car then? Business risk? I mean they could ask for details on the car they are towing and refuse the tow?

 

There are so many cars out there that get dumped on people because the owner has no clue how the transferring of cars works in Ohio. Also, if someone has a broken car, they have no idea how to sell it to someone so they won't feel like they are screwing someone over......

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Lots of towing companies have agreements with business owners to tow cars from their lots. The agreements don't usually allow for junk car exclusions. If it is in violation the towing company that is posted gets a call and the car is towed( whether it is a Ferrari or a blown up Chrysler intrepid) and hopefully the owner picks it up and pays.

 

Its not so much a problem getting the title, as much as it is with what the state sets the value of the car. The state looks at the good condition of blue book and values the car from that. There is no figuring in mechanical or crash issues. Unless they have changed the rules( which they may have) getting the title for say a car that may be worth $1500 actually cost more than the car. There are quite a few steps to go through.

A few years ago Shamrock towing had to pile the impounds 2 and 3 high in the yard, because it was less expensive to do that than get the titles to these cars. Like I said this may have changed, I haven't looked into this in a few months.

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When you look at the fees you go through for filing paperwork, requesting records, sending certified mail back and forth, using up otherwise valuable work hours, court costs, etc, then the actual titling costs it's often barely worth the hassle (or not even close). If the car is something broke and busted, the costs are considerably higher than what you'll reclaim from taking ownership of the vehicle.

 

Unfortunately you also can't just toss the thing on a trailer and get it scrapped, unless you have a title for it. So, your options are painful any way you look.

 

But, jump through the hoops and do it right or don't bother.

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Have a towing company that does impound post a 48hour notice sign that cars shall be towed if not moved. Send 2 certified letters, call towing company to chalk the tires, gone 48 hours later.

 

Also, the BMV takes the stance that you as a business are trying to get one over on someone and after all the expenses and time spent to get the title it costs more than the car is worth. Storage charges are not an acceptable means to accrue value greater than the cars value anymore.

 

 

It's easier then that. Call Capital, have them put up Tow Zone sign. In 48 they come impound it. Done.

 

Call, 614.272.1800 ask for Brandon.

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